Commercial law. The relationship between commercial law and business and civil law. The relationship between commercial and trade law (lecture notes)

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Commercial law. The relationship between commercial law and business and civil law. The relationship between commercial and trade law (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE No. 2. Correlation of commercial law with business, civil law. Relationship between commercial and commercial law

1. Correlation of commercial law with business, civil law

Comparing commercial and entrepreneurial law, it should be noted that they are similar in their subject matter. Nevertheless, commercial law and business law are different branches of law. Entrepreneurial law regulates relations that develop in the field of entrepreneurial activity, i.e., such activities that are aimed at making a profit. Trading activity is part of entrepreneurial activity. The concept of entrepreneurial activity is much broader than trading activity. Business activities include, in addition to trade, the circulation of securities, banking, organization of legal entities, etc. Since the concept of trade is narrower than the concept of entrepreneurship, commercial law also has a narrower subject of legal regulation than business law.

As mentioned above, commercial law is a sub-branch of civil law, as it regulates similar relations - commodity turnover, which is an integral part of property turnover. For commercial law, as well as for civil law, the presence of a dispositive method of legal regulation is characteristic.

2. Relationship between commercial and commercial law

There is a significant difference between commercial and commercial law. Commercial law is an element of the training of specialists in the Soviet era. In the post-Soviet period, commercial law is actively developing. Currently, in modern literature, the terms "commercial law" and "commercial law" are quite often used as synonyms. The term "trade law", as a rule, is often used in the United States and some countries of Western Europe (in France, Germany, etc.). In these countries, commercial law is understood as the law governing professional trading activities. In Russia, it is customary to use the concept of "commercial law".

Meanwhile, modern commercial law cannot be considered the legal successor of Soviet commercial law. Soviet commercial law was not considered by lawyers as an independent branch of law, which means that commercial law did not have its own subject or method of legal regulation. Soviet commercial law was of a complex nature, which combined the norms of various branches of Soviet law (civil, administrative, labor, criminal, etc.) that were somehow related to trade. Modern commercial law in Russia is being re-formed as an independent branch of law with its own subject matter, methods, and principles. In addition, the nature of trade turnover in Russia differs too much from the nature of trade turnover in the former USSR, which means that the former Soviet trade law is now completely irrelevant.

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